or albinism (baras), or if the woman were ratqa (having an obstruction in the vagina), or qarna' (having an outgrowth), or 'afra' (having an outgrowth), or fatqa' (having a fistula), or if the man were insane, then whosoever among the two finds such a condition in their partner has the option to annul the marriage.)

The discourse on this issue involves four chapters:

First: The option for annulment is established for each of the two spouses due to a defect (ayb) that they find in their partner, in general. This was narrated from Umar ibn al-Khattab, his son, and Ibn Abbas. This is also the position held by Jabir [ibn Zayd], Al-Shafi'i, and Ishaq. It was narrated from Ali: A free woman is not returned due to a defect. This is the position of Al-Nakha'i, Al-Thawri, and the People of Opinion (Ashab al-Ra'y). From Ibn Mas'ud: The marriage is not annulled by a defect. This is the position of Abu Hanifa and his companions, except if the man is majbub (castrated) or 'innin (impotent), in which case the woman has the option. If she chooses separation, the judge shall separate them with a talaq (divorce), and it is not considered an annulment (faskh); because the existence of a defect does not necessitate the annulment of the marriage, such as blindness, chronic illness, and other defects. Our position is that the disputed matter is a defect that prevents intercourse, so it establishes the option, just like castration and impotence. Furthermore, the woman is one of the two compensations in the marriage, so it is permissible to return her due to a defect, like the dowry (sadaq), or she is one of the two compensations in the marriage contract, so it is permissible to return it due to a defect, or she is one of the two spouses, so the option is established for her due to a defect in the other, like the woman [in other cases]. As for other than these defects, they do not prevent the purpose of the marriage contract, which is intercourse, unlike the defects in dispute. If it is said: Then insanity, leprosy, and albinism do not prevent intercourse. We say: Rather, they do prevent it; for these conditions cause an aversion that prevents approaching and touching them completely, and there is fear of it spreading to one's self and offspring. And the insane person is feared for their criminal conduct, so it has become like a physical hindrance.